P.Esther Subashini v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Esther Subashini ... Petitioner Vs 1.The District Registrar, Karaikudi, Sivagangai District.

2.The Sub-Registrar, Thiruppathur, Sivagangai District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Refusal Check Slip in Refusal number RFL ThirupathurKaraikudi/63/2024 dated 24.05.2024 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to register the settlement deed and release the same within the time frame as fixed by this Court.

For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.S.P.Maharajan Special Government Pleader 1/5

O R D E R

This writ petition has been filed challenging the refusal check slip issued by the second respondent dated 24.05.2024 thereby refused to register the settlement deed which was presented for registration.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The property comprised in S.No.280/3k admeasuring 2867.0 sq.ft. situated at Thiruppathur, Sivagangai District owned by the Tamilnadu Evangelical Lutheran Church (hereafter call as TELC). Subsequently, it was sold out in favour of the petitioner by the registered sale deed dated 19.06.2015. In turn, the petitioner intended to settle the property in favour of her mother and executed the settlement deed on 11.05.2024 and presented the same for registration. However, it was refused to register on the ground that there is an order for not to register the property belongs to TELC without obtaining permission from this Court.

4. The learned counsel appearing for the petitioner produced the several orders passed by this Court in respect of the property belongs to the 2/5

TELC. On perusal of the same it is revealed that one Chandrasekaran filed a writ petition in W.P.No.11679 of 2017 challenging the registration of the sale deed in respect of the property owned by the TELC. In view of the interim order granted by the Division Bench of this Court dated 04.05.2017 in the said writ petition, the Inspector General of Registration had issued circular in Letter No.21379/C1/2017, dated 24.05.2017. As per the circular no property belongs to the TELC can be presented for registration.

5. In view of the circular issued by the Inspector General of Registration, the said writ petition was dismissed as withdrawn. However, with regard to the possession and enjoyment of the property, which was sold out by the TELC this Court permitted to deal with the same. One of the writ petition was allowed by this Court in W.P(MD)No.8319 of 2023, dated 17.04.2024, however, it was challenged by the said Chandrasekaran by filing writ appeal in W.A(MD)No.1277 of 2024 and the Hon'ble Division Bench of this Court granted interim stay by an order dated 05.08.2024. That apart, various allegations raised as against the person, who represent for TELC, as such, the entire property owned by the TELC cannot be sold out without permission of the Court.

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6. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent it is devoid of merits and it is liable to be dismissed.

7. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Internet : Yes Index : Yes/No 24.01.2025 Speaking/Non Speaking order am To 1.The District Registrar, Karaikudi, Sivagangai District.

2.The Sub-Registrar, Thiruppathur, Sivagangai District.

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G.K.ILANTHIRAIYAN, J.

am 24.01.2025 5/5